Chapter 5 — WATER SERVICE REGULATIONS

Section

9-5-1 General definitions

9-5-2 Purpose

9-5-3 Provisions of chapter deemed incorporated into water service agreements

9-5-4 Authority to establish administrative procedures

9-5-5 City is sole source of water service

9-5-6 Right to refuse water service

9-5-7 Private water wells prohibited

9-5-8 Public Works Department provides water service

9-5-9 Public Works Department duties

9-5-10 Duty to treat water

9-5-11 Duty to maintain water system

9-5-12 Compliance with California Code and this code

9-5-13 Connection authorized

9-5-14 Water service assigned to one premises

9-5-15 New meter sets

9-5-16 Extension of water system

9-5-17 Responsibility of service lines and house lines

9-5-18 Replacement of existing service line

9-5-19 Installation and maintenance of meters and property stops

9-5-20 Permit for service line repair, alteration or connection

9-5-21 Unauthorized water connection or restoration of service

9-5-22 Tampering with meters

9-5-23 Misrepresentation in application or service agreement

9-5-24 Customer responsibility

9-5-25 Forwarding water balances

9-5-26 Discontinuance of service by water service user

9-5-27 Charges for water service

9-5-28 Free service prohibited

9-5-29 Application of utility bill payments

9-5-30 Payment delinquency

9-5-31 Water shutoff notice

9-5-32 Water service shutoff

9-5-33 Unauthorized water service; theft of services

9-5-34 Appeals

9-5-35 Legal action

9-5-36 Responsibility for water leakage

9-5-37 Water meters

9-5-38 Interruption of water service

9-5-39 Water supply and pressure

9-5-40 Disconnection of service; condemned buildings

9-5-41 Repair and replacement of house lines

9-5-42 Authorized city representatives to have free access

9-5-43 Abandonment of service lines and house lines

9-5-44 Outdoor water sprinklers

9-5-45 Water use curtailment

9-5-46 Trespass and damage to water system

9-5-47 Water use by contractors

9-5-48 Maintenance and control of public fire hydrants

9-5-49 Drawing of water from fire hydrants

9-5-50 Use of water service during fire

9-5-51 Fire sprinkler system inspections

9-5-52 Private fire service water mains, sprinkler systems and fire service storage tanks

9-5-53 Purpose of city water backflow prevention and cross connection program

9-5-54 Water cross connections and potential water cross connections prohibited

9-5-55 Responsibility for city backflow prevention and cross connection program

9-5-56 Responsibility of owner and customer for water cross connections, potential cross connections and backflow prevention

9-5-57 Water backflow prevention and cross connection program

9-5-58 Investigations by Public Works Department

9-5-59 Right to enter premises

9-5-60 Evaluation of water user health hazards

9-5-61 User Supervisor

9-5-62 Approval of backflow prevention devices

9-5-63 Type and construction of backflow prevention devices

9-5-64 Determination and inspection of backflow prevention devices

9-5-65 Location of backflow prevention devices

9-5-66 Minimum backflow prevention protection required

9-5-67 Contamination costs and the consumer

9-5-68 Lawn sprinkler backflow prevention specifications

9-5-69 Testing and maintenance of backflow prevention devices

9-5-70 Violations and penalties for water cross connections, potential cross connections and backflow prevention regulations

9-5-71 Waste of water prohibited

9-5-72 Water restrictions

9-5-73 Severability

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIR GAP SEPARATION (AG). The physical break between the supply line and a receiving vessel.

APPROVED WATER SUPPLY. A water supply whose potability is regulated by the federal government, State of California or City of Livingston.

AUXILIARY WATER SUPPLY. Any water supply other than that received from the city. These auxiliary waters may include water from another purveyor’s public water supply or any natural source(s), such as a well, spring, river, stream, harbor and so forth; used waters; or industrial fluids. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.

AWWA STANDARD. The official standard developed and approved by the American Water Works Association (AWWA).

BACK PRESSURE. A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler or any other means that may cause backflow.

BACK SIPHONAGE. Backflow caused by negative or reduced pressure in the supply piping.

BACKFLOW. The undesirable reversal of flow in a potable water distribution system as a result of a cross connection or the unwanted flow of used or nonpotable water, foreign liquids or gases or any other substance from any domestic, industrial or institutional piping system into the pure, potable water distribution system.

BACKFLOW PREVENTER or BACKFLOW PREVENTION DEVICE. A safety device used to prevent pollution or contamination of the water supply due to the reserves flow of water or other substance into the public potable water supply.

BASE RATE OR FIXED COMPONENT. The minimum fixed charge per billing period for water service to a user as set by the City Council by resolution.

BILLING PERIOD. The calendar accounting unit for which charges are assessed and imposed for water service.

CITY. The City of Livingston.

CITY COUNCIL. The City Council of the City of Livingston.

CONNECTION. Refers to the act of linking the service pipe of a house, building or other property to the city water system, and also to the physical apparatus by which such linking is accomplished.

CONSTRUCTION METER. A temporary meter attached to a fire hydrant at a construction site to measure water usage at the site.

CONTAMINATION. An impairment of a potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard.

CROSS CONNECTION. The unprotected actual connection or potential connection between a potable water system used to supply water for drinking purposes and any source or system, sewer drain, conduit, pool storage reservoir, plumbing fixture or other device containing unapproved water or a substance that is not or cannot be approved as safe, wholesome and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be CROSS CONNECTIONS.

CUSTOMER or CONSUMER. All persons obtaining water service from the water supply system of the city.

DEVELOPER. A person, natural or otherwise, who divides a tract of land into lots for sale as residential property or who makes improvements to residential, commercial, office or industrial properties.

DOUBLE CHECK VALVE ASSEMBLY (DC) BACKFLOW PREVENTION DEVICE. An assembly of at least two independently acting check valves including tightly closed shutoff valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.

HAZARDOUS MATERIALS. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous substances, hazardous waste and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

HAZARDOUS SUBSTANCE.

1. Includes, but is not limited to, any HAZARDOUS SUBSTANCE as that term is defined under Cal. Health and Safety

Code §§ 25281(h), 25501(n), and pursuant to 42 U.S.C. § 9601(14); any HAZARDOUS WASTE as that term is defined under 42 U.S.C. § 6903(5), and under Cal. Health and Safety Code § 25501(n); any HAZARDOUS MATERIAL as that term is defined under Cal. Health and Safety Code § 25501(n); any chemical which the Governor of the state has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to Cal. Health and Safety Code § 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material.

2. The term HAZARDOUS SUBSTANCE includes any amendments to the above referenced statutes and regulations.

HEALTH AGENCY. The California Department of Health Services, or the local health officer with respect to a small water system.

HOUSE LINE. That portion of the water service pipe from the discharge side of the meter to the structure serviced.

INDUSTRIAL FLUIDS SYSTEM. Any system containing a fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentrate, such as would constitute a health, system, pollution or plumbing hazard, if introduced into the city’s water supply.

LOCAL HEALTH AGENCY. The county or city health authority.

MAIN. A water line designed or used to serve more than one premises.

METER TAMPERING. Cutting water meter locks or alteration or damage of any water meter or any of its components or unauthorized connections to the city water system or the use of “straight lines”, “cheater pipes” or “bypass hoses” or any other means to take water by bypassing the city water meter or prevent water from being properly metered by the city.

PERSON. Any person, firm, association of persons or corporation, including public, private or municipal corporation.

POTENTIAL CROSS CONNECTION. A fixture or appurtenance with threaded hose connection, tapered spout or other connection which would facilitate extension of the water supply line beyond its legal termination point.

PREMISES. A private home, building apartment house, condominium, trailer court, mobilehome park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and the responsibility for payment thereof.

PRIVATE FIRE HYDRANT. A discharge pipe with a valve and spout located on private property at which water may be drawn.

PRIVATE FIRE SERVICE MAIN. A pipe and its appurtenances on private property that is:

1. Between a source of water and the base of the riser for water based fire protection systems;

2. Between a source of water and inlets to fire foam making systems;

3. Between a source of water and base elbow of private fire hydrants or monitor nozzles;

4. Used as a fire pump suction and discharge piping; or

5. Beginning at the inlet side of the check valve on a gravity or pressure tank.

PROCESSING FLUIDS. Any fluid or solution which may be chemically or biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollution or system hazard if introduced into the public water system or a consumer’s potable water system. This includes, but is not limited to, polluted or contaminated waters; processed waters; used waters originating from the public water supply system which may have deteriorated in sanitary quality; cooling waters; questionable or contaminated natural waters taken from wells, lakes, streams or irrigation systems; chemicals in solution or suspension; oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for firefighting purposes.

PUBLIC FIRE HYDRANT. A discharge pipe with a valve and spout located on public property for use primarily by fire service personnel at which water may be drawn from the water main.

RECLAIMED WATER. Wastewater which as a result of treatment is suitable for uses other than potable use.

REDUCED PRESSURE PRINCIPLE (RP) BACKFLOW PREVENTION DEVICE. A backflow preventer incorporating not less than two check valves, an automatically operated differential relief valve located between the two check valves, a tightly closed shutoff valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

ROVING METER. A meter attached to a movable vehicle to measure water drawn from a fire hydrant into a tank attached to the vehicle.

SERVICE LINE. That portion of water service pipe from the main line up to and including the discharge side of the water meter.

STRAIGHT LINE OR CHEATER PIPE. Any type of device installed in lieu of a water meter, connecting to the city’s water service line to a private service line for the purpose of obtaining unmetered water.

SUBDIVISION. A tract of land divided by a subdivider, or any lot or lots or tract of real property on which any building is or will be built.

SURVEY. The collection of information pertaining to a customer’s piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross connection control devices and methods located within that customer’s piping system. The survey must be in written form, and should not be an actual plumbing inspection.

SYSTEM. All water source and supply facilities, transmission pipelines and storage facilities, pumping stations, distribution mains and appurtenances, vehicles and materials storage facilities.

USAGE CHARGE OR VARIABLE COMPONENT. The charge per 1,000 gallons of water used by a water user established by the City Council by resolution.

USER. A person, natural or otherwise, who utilizes the water system of the city for any purpose.

USER CONNECTION. The point of connection of a user’s piping to the city’s water facilities.

WATER MAIN. The water pipe owned by the city from which water service lines lead.

WATER METER. The instrument which measures and records the amount of water which flows through it.

WATER SERVICE. The provision of culinary water such that water flows through a plumbing system connected to the city water system.

WATER SYSTEM. Includes pipes, water mains, meters, valves, reservoirs, tanks, wells, springs, hydrants, sources, pumps and all other property and equipment owned by the city and through or from which water flows.

WATER USER. Any person obtaining water from the city’s water supply.

WELL. An opening in the surface of the earth for the purpose of removing water through nonmechanical or mechanical means for any purpose.

(Ord. 576, passed 12-16-2008)

The purpose of this chapter is to:

(A) Establish rules, regulations, policies and procedures for the service and the extension of service from the water system of the city; and

(B) To promote the public health, safety and general welfare of the users of the water system in accordance with standards established by the city, county, state and federal governments.

(Ord. 576, passed 12-16-2008)

(A) All provisions of this chapter shall be deemed to be incorporated into every service agreement between the city and its water service customer.

(B) Each customer shall be charged with knowledge of the provisions of this chapter and, by applying for and accepting water service from the city, to have assented to the provisions of this chapter.

(Ord. 576, passed 12-16-2008)

The City Manager, or City Engineer or their designees, shall have the authority to adopt administrative procedures necessary to effectively implement the provisions of this chapter.

(Ord. 576, passed 12-16-2008)

To protect the health, safety and welfare of the community and provide efficiency in the delivery of municipal services, the city shall be the only allowed source of municipal, industrial and domestic water supply within the incorporated boundaries of the city with the exception of bottled water purchased for consumption from licensed vendors or retail store, and with the further exception of wells in existence prior to the effective date of § 8-4-2 of this code.

(Ord. 576, passed 12-16-2008)

The city reserves the right to refuse water service, to limit the amount of water provided for any function, or to refuse to provide water service for a particular function of an applicant, consumer or customer at its sole discretion.

(Ord. 576, passed 12-16-2008)

Except for wells in existence prior to the effective date of §8-4-2 of this code, no person, firm, association, corporation or any other entity shall drill, install, sink, construct, maintain or use a water well within the city limits.

(Ord. 576, passed 12-16-2008)

The Public Works Department shall have authority to operate and maintain the city’s water system and furnish water service to the residents of the city for fees set by the City Council by resolution or ordinance. To accomplish these purposes, the Public Works Department is empowered to employ persons, acquire equipment and perform all other acts necessary or incidental to the accomplishment of the above described purposes, subject to all applicable ordinances, resolutions, rules, regulations, policies and directions of the City Manager and the City Council.

(Ord. 576, passed 12-16-2008)

The Public Works Department shall administer and enforce this chapter under the direction of the City Manager or his or her designees and manage the city’s water system pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations and directives issued by the City Manager or adopted by the City Council prescribing their powers and duties.

(Ord. 576, passed 12-16-2008)

The Public Works Department shall treat or cause to be treated the water furnished to the water users hereunder using current water treatment methods such that the water shall conform to ordinary and contemporary standards of purity and fitness for culinary use.

(Ord. 576, passed 12-16-2008)

The Public Works Department shall keep the water system in good repair. Any leaks, breaks or equipment failures shall be promptly repaired.

(Ord. 576, passed 12-16-2008)

All new buildings or structures located within or outside the corporate city limits, and any additions, modifications, alterations or repairs of existing buildings that use the water facilities of the city shall comply with the requirements of this code and the California Building Code as amended, including securing of all permits and inspections required by such code.

(Ord. 576, passed 12-16-2008)

The Public Works Department shall cause to be connected with the city’s water system the service line of any property abutting on a city water main after the property owner or his or her agent complies with all of the following provisions of this section.

(A) Water service agreement. The property owner other than a developer, fills out, signs and files with the City Finance Department a water service agreement approved by the City Manager and the City Attorney.

(B) Service line. The property owner or his or her agents shall install a service line to the property location designated by the City Public Works Department which meets the following requirements.

1. The service line is of material and quality approved by the Public Works Department.

2. The service line, when used, be buried at a location, depth and grade approved by the Public Works Department.

3. The service line does not cross property owned by a person other than the property owner who applied for the

connection, unless written permission is obtained from the Public Works Department.

4. The service line, when connected, will supply water to no more than one building, except where written permission is

obtained from the Public Works Department. Connection of such a service line may be added, if the property owner applying for the connection is the owner of all buildings located to such service line. For the purposes of payment of fees under this chapter, however, each building which shall receive water service through a common service line shall be deemed to receive said water service through a separate service line for the payment of charges set forth in subsection (F) of this section.

(C) Illegal use of water pressure. The water provided through the connection will not be used for the purpose of driving any motor, siphon, turbine, or other wheel, or any hydraulic engine, or elevator, or for driving or propelling machinery of any kind whatsoever, or for any other purpose which the City Engineer, City Manager or City Council have not approved in writing.

(D) Inspection. The service line of the building to be connected has been inspected by an authorized employee of the city and found to conform to city water ordinances and to the provisions of the Livingston building code. The service line and all other underground water lines or connections shall be open and visible to the inspector at the time of the inspection.

(E) Charges current. The user requesting connection has no unpaid delinquent water charge assessed against him or her by the city for any location within the city’s utility services boundary.

(F) Fees due at connection. The user shall pay at the time he or she files his or her application for connection all of the following applicable fees:

1. The connection charge specified by the City Council by resolution;

2. Water impact fees adopted by the City Council by resolution; and

3. Any other fees adopted by the City Council by resolution or included in any development agreement approved by the

City Manager or City Council.

(Ord. 576, passed 12-16-2008)

No person shall supply or furnish water in any way for use outside of the premises to which the service is assigned or appurtenant.

(Ord. 576, passed 12-16-2008)

(A) The City Engineer or City Manager or their designees shall have the authority to establish rules, regulations, and specifications regarding new meter sets and meter vaults. Meters may be purchased from the Public Works Department.

(B) Installation of new meters and construction of meter vaults for new construction shall be at the expense of the contractor or customer. Approval by the Public Works Department shall be required before the water meter set is constructed and service

begins.

(Ord. 576, passed 12-16-2008)

In addition to the immediate preceding section, the following provisions shall apply to anyone seeking to connect to the city water system where said system does not extend to such property.

(A) Agreement. Whenever a developer or builder desires or is required to install water connections and extensions for a subdivision or other development, the developer shall enter into a written water extension agreement with the city which shall constitute an application for permission to make said extensions and connections that shall be made and the payments that shall be required.

(B) Sizing of main line extensions. The city reserves the right to determine the size of the pipe necessary in making any extension, but in no case shall pipe smaller than six inches in diameter be installed.

(C) Dedication. Any extension of the city water system granted in accordance with the provisions of subsection (B) of this section, including all easements necessary to accommodate its installation and maintenance, shall upon completion and acceptance become the property of the city.

(D) Limitation of extension rules. Nothing contained in this chapter shall limit or prevent the city from extending its distribution system whenever it may determine that circumstances so warrant.

(E) Service outside city limits.

1. The city is under no obligation to supply water outside the city limits. However, the city may enter into an agreement to

furnish water service from its water system to persons outside the city in accordance with the provisions of this section, the terms and conditions of any assessment district or in accordance with City Council policies or action. In addition, any person or persons located outside the city limits that desires to be supplied with water service from the city water system must be willing to:

(a) Pay in advance the whole expense of extending the water system to his or her property; and

(b) Be annexed to the city.

2. If, at the time the initial request for annexation is submitted, the area upon which the facility is located is not contiguous

with the city limits or otherwise not legally available for annexation, the owner of the property shall enter into a contract with the city to be approved by the City Council, which contract shall provide that the property owner shall not withdraw the written request for annexation, that the written request for annexation shall be kept in full force and effect until such time as the area becomes legally available for annexation. If the annexation request is withdrawn the facility shall be disconnected from city water. The contract shall run with the land and will be filed at the County Recorder’s office.

3. In addition to the water requirements set forth in this section, any agreement shall contain a certified acknowledgment

that the petitioner understands that the city in granting the petition need only supply such water to the petitioner which from time to time shall be deemed by the City Council to be beyond the requirements of water use within the city limits and the provision of water service may be curtailed or terminated by the city at any time for any reason. If the City Council grants the petition or any portion thereof, the petitioner and the city shall enter into a written water system extension agreement, which agreement shall be executed prior to the commencement of any work upon said water extension.

4. If the property is acquired by a new owner, the new owner shall, within 90 days of acquiring the property, submit a

written request for the annexation of the area to the city and execute a contract as specified in this section to be approved by the City Council. If no such request or contract is received within the time specified, the property shall be disconnected from city water service.

(Ord. 576, passed 12-16-2008)

(A) The city’s responsibility for all water service lines is from the connection at the city’s main water line to the water meter box.

(B) From the water meter box to the customer’s premises is the sole responsibility of the customer to install, own, maintain and/or replace.

(Ord. 576, passed 12-16-2008)

The replacement of a previously used service line shall be deemed a connection and the provision of §§9-5-16 and 9-5-17 of this chapter shall apply to said replacement.

(Ord. 576, passed 12-16-2008)

In connecting to a water main, the customer or contractor shall install or cause to be installed a service line of suitable quality under the street and a meter box, meter, and property stop at a location determined by the Public Works Department. Said connection pipe, meter box, meter and property stop are and shall be the property of the city, which retains the sole right to maintain, repair and service said facilities.

(Ord. 576, passed 12-16-2008)

It shall be unlawful for any person, to open, alter, repair or connect to any existing water main or service line without it first having received a permit from the Public Works Department or other authorized city department. No permit authorizing such alteration, repair, connection or opening shall be issued if said alteration or connection results in water service to a building to which such service was not previously furnished, unless such building is owned by the owner of all other buildings connected to said service line. Any connection from an existing service line to a building to which water service was not furnished before the connection is made shall need to be a new, original service line connection and the property owner shall pay the fees set by resolution or ordinance of the City Council before receiving the permit referred to above.

(Ord. 576, passed 12-16-2008)

(A) Prohibited. It shall be unlawful for any person by himself or herself to directly or indirectly through family, servants or agents connect to, disconnect, repair or alter the city water system or any part thereof, including, but not limited to, any water line or water meter, or to open any fire hydrant, property stop, valve or other fixtures attached to the system of water supply unless it is done pursuant to a city approved application, agreement, permit or resolution.

(B) Licensed utility contractor. A licensed utility contractor approved by the city or a licensed utility contractor under contract with the city may tap a city water line or water main in accordance with the following.

1. The utility contractor shall be responsible for any damage to the water main or water line where the tap is being made.

All repairs to the water main or water line where damage has occurred shall be made by an authorized employee of the Public Works Department or authorized licensed utility contractor. The utility contractor shall be responsible for the cost of the tap to an existing water main or water line.

2. The licensed utility contractor shall be responsible for any repairs to the tap or service line extension due to any defects

of materials or workmanship for one year after the tap has been completed.

3. The licensed utility contractor shall use all his or her professional skills to ensure that there is no contamination of city

water mains. Any contamination of city water mains shall be reported immediately to the Public Works Department. Employees of the Department will take corrective measures and fees will be assessed to the person responsible for the damage for all repair work accomplished.

(Ord. 576, passed 12-16-2008)

(A) Inspection and adjustment. Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with in any manner or removed by the user or any other person.

(B) Opening boxes. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city unless special permission is given by the Public Works Department, except in an emergency.

(C) Meter interference. No person shall:

1. Prevent water from passing through any meter connected directly or indirectly with the public water mains;

2. Prevent any meter from accurately registering the amount of water passing through such meter; or

3. Prevent or obstruct a meter from accurately registering the quantity of water supplied, or in any way interfere with the

purpose, action or just registration of a meter.

(D) Responsibility to prevent. A user shall prevent any damage to the water meter used by such user and shall pay the cost of repairing any damage to the water meter other than normal wear and tear. Any amounts due by reason of this subsection (D) may be added to a user’s bill for water service, and any amount received from such user thereafter shall be applied first against the amount due pursuant to this subsection (D) and thereafter to any other amount(s) due from such user for other purposes.

(Ord. 576, passed 12-16-2008)

It shall be unlawful to misrepresent a material fact in applying for a water connection or in a water service agreement. Material facts shall include the identity of the applicant as the owner of the property to be connected, and the purpose for which the water service provided will be used.

(Ord. 576, passed 12-16-2008)

Customers are responsible for furnishing the city with their correct address. Failure to receive bills will not be considered a reason for nonpayment, nor permit an extension of the date at which time the account will be considered delinquent.

(Ord. 576, passed 12-16-2008)

Should a customer have an unpaid balance from a previous location, a forwarding balance will be added to the customer’s present account. The city reserves the right to disconnect the customer’s present service for unpaid forwarding balances.

(Ord. 576, passed 12-16-2008)

Any user desiring to discontinue water service shall notify the Finance Department. Any credit balance in favor of the user, as a result of a deposit or advance payment, shall be refunded promptly after receipt of the notice of discontinuance, except that an amount to be set by the City Council by resolution or ordinance shall be retained by the Finance Department as a fee for turning off water service.

(Ord. 576, passed 12-16-2008)

(A) Water fees. The City Council shall by resolution or ordinance set the amount of charges, fees and assessments that include, but are not limited to, the following:

1. Base rate or fixed component service charges;

2. Usage charge or variable component charges per 1,000 gallons used;

3. Service charges other than the base rate;

4. Late fees;

5. Return check fees;

6. Development water impact fees;

7. Water connection fees;

8. Reconnection fees during regular business hours after water shutoff;

9. Fire hydrant water use fees from construction or roving meters;

10. Fee for water used by contractors in new construction;

11. Meter tampering fee;

12. Missed appointment fee after second missed appointment;

13. Penalty fee for unauthorized water connections and use of city water by the use of “cheater pipes”, “straight lines”,

“hoses” or other means; and

14. Other fees as determined by the City Council.

(B) Water billing duration.

1. The City Manager shall determine the duration of the billing period and may change the duration of the billing period

from time to time.

2. If the due date is a Saturday, Sunday or legal holiday, charges shall become delinquent at the close of business on the

next business day after said Saturday, Sunday or legal holiday.

3. Postmarks will not be accepted as the date the payment was received.

(C) Unified billing. Municipal utility services shall be billed under a unified bill which includes water, sewer, garbage collection charges and other charges as the City Council designates.

(D) Unpaid water bills are liens. All unpaid accounts for water delivered at any premises shall constitute a lien against the same and shall be subject to collection all as provided by the Revenue Bond Law of 1941 as found in Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 6.

(Ord. 576, passed 12-16-2008; Ord. 583, passed 8-4-2009)

There shall be no free service rendered by the city, and if any local, state or federal government, or any department, agency or

instrumentality thereof, or any other public body shall desire service to be rendered by the city, it shall apply for and receive such service pursuant to the city’s ordinances, resolutions, policies, rules and regulations and shall pay for the same as established by resolution or ordinance of the City Council.

(Ord. 576, passed 12-16-2008)

Any payments received by the city for the payment of utility bills shall be applied to the outstanding balances of service charges in the following order:

(A) Fines, penalties or assessments;

(B) Garbage charges;

(C) Sewer charges; and

(D) Water charges.

(Ord. 576, passed 12-16-2008)

A basic penalty of up to 10% of the rate for one month shall be added to each delinquent bill for the first month the bill is delinquent. After assessing the basic penalty, thereafter an additional penalty of 0.5% per month shall be added to all delinquent charges and basic penalties remaining unpaid, until the City Council requests the City Finance Director (or equivalent) to lien the amount of all delinquencies against the appropriate premises as set forth in § 9-5-27 of this chapter. Monies paid where any portion of an account is delinquent shall first be credited to the delinquent portion of the bill and then to the current billing.

(Ord. 583, passed 8-4-2009)

If a service charge remains unpaid for two complete billing periods, the Finance Department shall notify in writing by mail the occupant of the premises that the water service will be discontinued if payment is not made within 15 calendar days after the date on the notice. A shutoff notice processing fee as determined by resolution of the City Council shall be charged at the time that the notice is sent.

(Ord. 576, passed 12-16-2008)

(A) Policy. Under the holdings in a State Court of Appeals case, the city is required to follow the termination procedure set forth in the Cal. Public Utilities Code Division 5, §§ 10001 et seq., governing the operation of utilities owned by municipal corporations, specifically including charter cities. The procedures set forth herein comply with the minimum statutory requirements set forth in Cal. Public Utilities Code §§ 10010 and 10010.1, and SB 998, the Water Shutoff Protection Act (Cal. Health and Safety Code §§ 116900 et seq.).

(B) Disconnection of residential water service for nonpayment. If the delinquent customer does not make the required payment, request an appeal or request a payment agreement for the unpaid charges, water service shall be terminated on the date specified in the final notice. The date of discontinuation of service shall be at least 60 calendar days from the date on the initial bill and at least seven business days from the date of the final notice.

(C) Discontinuation of residential water service for nonpayment prohibited. Discontinuation of residential water service for nonpayment is prohibited in the following instances:

1. While an appeal is pending;

2. During a pending investigation by the city of a customer complaint;

3. When the customer has been granted an extension of the period for payment of a bill; or

4. When there exists a primary care provider certification of threat to life or serious threat to health and safety of a resident

of premises, including:

(a) The customer, or a tenant of the customer, submits the certification of a primary care provider that discontinuation of

residential service would be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises and where residential service is provided;

(b) (1) The customer demonstrates that he or she is financially unable to pay for the service within the normal billing

cycle, and the customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment with respect to all delinquent charges.

(2) The customer is deemed financially unable to pay for residential service within the normal billing cycle if any

member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, a supplemental security income/state supplementary payment program, or a state special supplemental nutrition program for

women, infants and children, or the customer declares that the household’s annual income is less than the 200% federal poverty level.

(c) If the conditions of (C)4.(b)(1) and (C)4.(b)(2) above are met, the city shall offer one of the following:

(1) Amortization of the unpaid balance;

(2) Participation in an alternative payment schedule;

(3) A partial or full reduction of the unpaid balance financed without additional charges to other rate payers;

(4) Temporary deferral of payment;

(5) The city may choose which of the payment options the customer may undertake and set parameters for that payment option with repayment within 12 months unless a longer period is necessary to avoid undue hardship to the customer based upon the circumstances of the individual case;

(6) Service may be disconnected no sooner than five business days after a final notice is posted in a prominent and

conspicuous location at the property under either of the following circumstances:

a. The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or

reduction in payment plan for delinquent charges for more than 60 days or more; or

b. While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in

payment plan for delinquent charges, the customer does not pay his or her current residential service charges for 60 days or more.

(7) On any Saturday, Sunday, legal holiday or at any time which the Finance Department office is not open to the

public.

(D) Multi-unit or multi-tenant residential structures.

1. Multi-unit or multi-tenant residential structures or mobilehome parks where water service is provided through a master

meter will be held to the same delinquency process as the single residential customers.

2. Multi-unit customers will receive all three past due and termination/discontinuation of service notices. The Public Works

Department shall post an additional notice of delinquency and impending termination on the door of each residential occupant at least 15 days prior to actual termination.

3. If it is not reasonable or practicable to post the notice on the door of each residential unit under (D)2. above, the Public

Works Department shall post five copies of the notice of delinquency and impending termination in each accessible common area and at each point of access to the structure or structures.

4. The notice of delinquency and impending termination for multi-unit and multi-tenant residential structures or mobilehome

parks shall further include the following information:

(a) When the account is in arrears;

(b) The service will be terminated on the specified date;

(c) The residential occupants may become customers, and, if so, the occupants will be billed for water services. To do

so, the occupants must agree to the terms and conditions of service and meet the requirements of the city’s rules and tariffs;

(d) The occupants will not be required to pay the delinquent amount;

(e) What the residential occupants are required to do to prevent termination or reestablish the service;

(f) The title, address and telephone number of a representative of the Finance Department who could assist the

residential occupants in continuing service; and

(g) The address and telephone number of a legal services project recommended by the local county bar association.

5. Residential water service may be discontinued no sooner than seven business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location of the property under either of the following circumstances:

   (a) The customer fails to comply with the alternative payment schedule for the delinquent charges for 60 days or more; or

   (b) While undertaking the alternative payment schedule, the customer does not pay his or her current residential charges for 60 days or more.

   6. Any residential customer who has initiated a complaint, requested an appeal or made a request for a payment agreement shall be given the opportunity for review of said complaint, investigation or payment agreement by the Finance Department.

   7. The review under (D)6. above shall include consideration of whether the customer shall be permitted to start a payment agreement of the delinquent balance of the account over a reasonable period of time, not to exceed 12 months.

   8. No termination of service shall be effected for any customer complying with the payment agreement, provided that the customer also keeps the account current as charges accrue in each subsequent billing period.

(E) Restoration of service. In order to restore terminated service, a service fee up to $75 must be paid. If a deposit is not

currently on the account, a three-month security deposit may be required.

(F) Options to avert discontinuation of residential water service. In order to assist customers in averting the discontinuation of residential water service, the city is willing to discuss the following options:

1. Alternative payment schedules;

2. Deferred payments;

3. Minimum payments; and/or

4. Amortization of unpaid balances.

(Ord. 576, passed 12-16-2008; Ord. A-33, passed 2-1-2020)

Editor’s note:

Any update to the United States Code or other state or federal regulations that impact the provisions and enforcement this section shall be implemented automatically upon passage and approval.

Statutory reference:

Related provisions, see California Apartment Association v. City of Stockton (2000) 80 Cal., App. Fourth 699

(A) Prohibited.

1. (a) It shall be unlawful to provide oneself or others with (or make use of) water service from the city water system

without authorization from the city.

(b) When water service has been discontinued by the Public Works Department for nonpayment of water charges,

noncompliance with city water ordinances, or for any other reason, it shall be unlawful to restore water service or receive water service by any means without authorization by the city.

2. The presence at any time on or about any meter, water line or water main of the city (whether such meter is owned or

operated by the city or others) of a pipe or any other device which diverts water or results in taking of any water except through an authorized meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the premises (where such a device or pipe is located) of the knowledge of the existence thereof.

3. The knowledge of such existence by the person who would benefit by the failure of the water to be accurately metered,

and shall further constitute prima facie evidence of intention on the part of such person to violate this section.

(B) Meter removal. If water service has been discontinued by the Public Works Department due to nonpayment or for any other reason, and the customer turns the service back on or otherwise restores service without approval, the Public Works Department may remove the meter and plug the service.

(C) Unauthorized water use charges. In addition to any criminal penalties, the city may assess charges and fees established by resolution or ordinance for meter tampering, meter removal or unauthorized use of the city water service. Such charges may be collected as provided by this chapter.

(Ord. 576, passed 12-16-2008)

The City Manager is hereby authorized to hear appeals regarding water service and make any corrections of any assessments or charges that he or she believes is just and appropriate under the circumstances. Refer to § 9-5-32 for further provisions concerning consumer right to contest and appeal water bills.

(Ord. 576, passed 12-16-2008)

The Finance Director, City Attorney or City Manager or their designees are hereby authorized and empowered to enforce the payment of all delinquent water charges whether for water connection or for water service, by any action at law in the corporate name of the city if the amount paid in advance or in deposit, if any, by the defaulting water user is not sufficient to fully extinguish the liability of said user to the city for the water connection or water service.

(Ord. 576, passed 12-16-2008)

All property owners, or their agents and tenants, shall be held responsible as consumers for loss of water due to leakage in the pipe or plumbing beyond the discharge side of the meter or on the property. If lost water is not paid in accordance with the provisions of this chapter and in accordance with rates established by resolution or ordinance by the City Council, the water service may be discontinued until all amounts due are paid. Water service will not be restored until all leaks have been repaired to the satisfaction of the Public Works Department.

(Ord. 576, passed 12-16-2008)

(A) Water metering required. All water delivered by the city to its customers shall be metered through water meters owned by the city. However, the City Manager or his or her designees may authorize unmetered water use for temporary special purposes, and enter into agreements for the assessment of charges thereof.

(B) Submetering. It shall be unlawful for any person to construct, occupy or allow to be occupied any structure in which the construction plan provides for a master meter and submetering of water consumption of one or more owners or tenants, unless the plan has been approved by the City Manager or his or her designees. Each occupied structure and any unimproved parcel shall be served water through a separate metered connection, except that structures located on a single parcel and under the same ownership, office buildings, hotels, motels, apartment houses, courts and multi-family dwellings may be served by a single metered connection.

(C) Meters to be approved by city. The size, type, location and right to own and control all meters installed or used by consumers of its water shall be determined by the Public Works Department.

(D) Ownership and installation. All meters installed on water service connections shall be and remain the property of the city and shall be removed only by the city. Consistent with § 9-5-15 of this chapter, installation of new meters and construction of meter vaults for new construction shall be at the expense of the contractor or customer.

(E) Maintenance and repair. The city shall maintain and repair all domestic, commercial and industrial service water meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use. When replacement or repairs to any meter are made necessary by the willful act, neglect or carelessness of the owner or occupant of the premises serviced, all expenses of such replacement shall be borne by the owner or occupant of the premises.

(F) Testing. If a user submits a written request for a test of his or her water meter, the Public Works Department may, if the circumstances deem it advisable, order a test of the meter measuring the water delivered to such user. If such request to test the meter is made within 12 months after the date of the last previous test, the user will be required to pay the costs of such test if the meter is found in such test to record from 97% to 103% of accuracy under testing methods satisfactory to the Public Works Department. In the event that the meter is found to be recording less than 97% or more than 103% of accuracy, the city shall make such adjustments in the user’s bill as are just and fair under the circumstances.

(G) Stopped meters. If meters fail to register at any time, the water delivered during this period shall be estimated on the basis of previous consumption. If the user has no previous consumption then a reasonable estimate may be made by the Finance Department and Public Works Department based on historical information maintained by the city.

(H) Construction meters and roving meters. Construction meters are to be installed or moved by the contractor under the supervision of city personnel. Roving meters are to be installed on equipment by the contractor. A deposit may be required for construction or roving meters owned by the city and will be forfeited if the meter is lost, damaged or stolen. Meter readings are to be reported by the user to the Public Works Department or Finance Department monthly. Failure to provide a monthly meter reading will cause the Public Works Department to estimate usage and bill accordingly. A minimum charge will be assessed if no usage is recorded on the meter.

(I) Loaned meters. No person shall refuse to deliver any meter or other appliance loaned to him or her by the Public Works Department for the purpose of furnishing water through the meter and registering the quantity thereof.

(J) Access to meters. Access to water meters by city personnel must be provided at all times.

(K) Plumbers. Notwithstanding any other provision of this chapter, in the case of leaks or other accidents damaging service lines or other apparatus connected with the water system, plumbers or other qualified persons may shut off the water at the water box to make necessary repairs and turn on the water upon completion of such repairs without obtaining authorization.

(Ord. 576, passed 12-16-2008)

(A) Water service may be interrupted. The city will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in water service, but it cannot and does not guarantee that such will not occur.

(B) Repairs, connections, extensions and maintenance. The city reserves the right to temporarily discontinue and to reconnect water service without notice to all users for the purpose of making repairs, connections, extensions and cleaning of mains, machinery, storage reservoirs or any other appurtenances to the water supply and distribution system. All users having boilers, air conditioning equipment or other water consuming devices which may become damaged due to interruption of water service, and which are supplied directly with city water, need to take action to avoid or minimize their risk. The city shall not be liable for any damage that may occur on account of the water being cut off for any purpose.

(C) Water pressure. The city shall not be liable for any damage to plumbing, pipes or fixtures on premises caused by pressure from the city water system.

(D) Notice. While it is the intention of the city to give notice in advance of any work (which is not considered an emergency) which must be done that will necessitate any interruption of the supply, such notice is to be considered a courtesy, and not a requirement on the part of the city. Property owners must so regulate their installations connected with the water supply system that damage will not occur if water is shut off or turned back on without notice.

(Ord. 576, passed 12-16-2008)

(A) Water supply and pressure. The city does not guarantee a uniform pressure, or an uninterrupted supply of water, and customers are cautioned to provide appropriate devices to satisfy specific pressure requirements and sufficient storage of water where absolutely uninterrupted water supply and pressure must be assured.

(B) Minimum water pressure. Based on the Department of Health services (DHS) regulations, the city provides each customer with a minimum of 20 pounds per square inch (psi) water pressure as measured at the water main in the street.

(Ord. 576, passed 12-16-2008)

Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such findings has been issued by the proper authority, the city shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner and/or his or her agent has secured a release or clearance from the proper authorities.

(Ord. 576, passed 12-16-2008)

It shall be the responsibility of the owner of the property to make all repairs and replacements of house lines from the discharge side of the water meter to the structure. A permit is required for the replacement of a house line.

(Ord. 576, passed 12-16-2008)

(A) Service access. Free access at ordinary hours shall be granted to the city and its authorized representatives to any place supplied with water service from the municipal system for the purpose of examining the apparatus, the amounts of water used, manner of its use, to make any and all necessary adjustments to said system, and to assure conformity to all city water ordinances, resolutions, policies and regulations.

(B) No service without access. Whenever the owner or the occupant of any premises provided service by the city restrains authorized city employees from making such necessary inspections, water service may be refused or discontinued.

(Ord. 576, passed 12-16-2008)

(A) Permanent abandonment. All service lines and house lines which are permanently abandoned shall be securely capped or plugged at a location designated by the City Public Works Department.

(B) Temporary abandonment. Water service lines which will be abandoned temporarily shall be cut and plugged at the property line leaving the meter installation and meter box intact.

(C) Inspection. Any water service pipe temporarily abandoned for more than two years must be inspected by the Public Works Department before that pipe can be placed into operation. If the service line or house line does not conform to minimum standards, the service pipe shall not be used and shall be abandoned permanently by the owner.

(Ord. 576, passed 12-16-2008)

(A) Water pressure. It shall be unlawful for any person to use such number of outdoor water sprinkler outlets simultaneously or to use such sprinklers or combinations of sprinklers or outlets as will, in the opinion of the Public Works Department, materially affect the pressure or water supply of the city water system or any part thereof. The Public Works Department may specify by regulation combinations or number of sprinkler and outlets which may have such effect.

(B) Notice. The Public Works Department shall, after determination that such improper sprinkler use exists, notify the offending water user, or the owner of the premises whereon such use occurs, of such determination in writing and order such use discontinued.

(Ord. 576, passed 12-16-2008)

(A) In time of water scarcity, whenever it shall in the judgment of the City Council by resolution be necessary to limit the use of water, it shall be unlawful for any person by himself or herself, family, servants or agents to violate any resolution made by the City Council pursuant to this section.

(B) If any violation shall occur, then in addition to any other penalty, the water service to the premises upon which such violation occurs may be shut off. If shut off for this reason, it shall not be turned on again until the payment of an amount set by the City Council for each violation of the said resolution is received.

(Ord. 576, passed 12-16-2008)

(A) Prohibited. It shall be unlawful for any person to destroy, deface, damage, injure, tamper or interfere with the operation of any part, pipe, fixture, appliance, appurtenance or property of the city water system, or shall place or cause to be placed, or induced into the city water system or any source of water supplying said system, any substance poisonous to human life or harmful to human health or detrimentally affecting the taste, smell, color, odor or other aesthetic characteristic of the water.

(B) Trespassing upon waterworks. It shall be unlawful to trespass inside the fenced enclosure of any city owned water or Public Works Department facility or in any other manner to interfere with or prevent the operation of such systems and the water supply therefor, or any portion thereof.

(C) Clear access. It shall be unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of, or to interfere with, the access or operation of any water meter, gate valve, fire hydrant, or other apparatus in use on any water service, connection, water main or fire protection service.

(D) Restitution.

1. All damages or injury to the lines, meters or other materials of the city on or near a user’s premises caused by any act or

neglect of the user or his or her agents shall, in the discretion of the city, be repaired by or at the expense of the user.

2. The user shall pay all costs and expenses, including reasonable attorney fees, which may arise or accrue to the city

through its efforts to repair or recover expenses for the repair of the damage to the lines, meters or other equipment of the city water system or Public Works Department.

(Ord. 576, passed 12-16-2008)

The Public Works Department may permit use of water from fire hydrants by contractors of public work, or by public utilities that are engaged in work on public streets, subject to the conditions of this chapter. A charge shall be paid in advance for use of water from fire hydrants which shall be set by the City Council by resolution.

(Ord. 576, passed 12-16-2008)

Public fire hydrants are the property of the city and are under the control of and shall be kept in repair by the Public Works Department. Private fire hydrants on private property shall be kept in repair by the private property owner.

(Ord. 576, passed 12-16-2008)

(A) Unauthorized use. It shall be unlawful for any person, except a member of the Fire Department, Public Works Department or other authorized city employee in the scope of employment, to open or use water from a fire hydrant, or to take off the cap without permission from the Public Works Department, or to remove the cap by using any wrench other than the wrench made specifically for that purpose.

(B) Permit required. No person other than a duly authorized employee of the city shall use water from, or connect any apparatus to, a fire hydrant, nor shall any person remove, obliterate, deface or obstruct any permit. Any permit, wrench, connecting apparatus, valve, hose or other apparatus attached to a fire hydrant in violation of this section shall be subject to confiscation by the city.

(Ord. 576, passed 12-16-2008)

In the event of a fire within the city, a firefighter or employee of the Public Works Department may order that all valves, taps and property stops connected to the plumbing systems of any property supplied with water service be closed and remain closed until the fire is extinguished.

(Ord. 576, passed 12-16-2008)

Every customer receiving water from the Public Works Department through a fire sprinkler system for the purpose of fire protection which is not metered shall at all reasonable times permit the Public Works Department, Fire Department or other authorized employee to enter the premises and building for examination of pipes and fixtures to ensure that the system is

maintained only for fire protection. Refusal by such customer shall result in refusal of water supply from the Public Works Department until such permission is granted.

(Ord. 576, passed 12-16-2008)

(A) Sprinkler and fire service connections. No connection for a sprinkler or private fire service main shall be permitted unless application therefor has been made to and granted by the Public Works Department and approved by the Fire Department and city building official. In no instance shall any connection be made with any sprinkler or private fire service main without the written consent of the Public Works Department. Should it be found that any unauthorized connection has been made, or that any water has been used from a sprinkler or private fire service main for any other purpose than extinguishing a fire, or that a waste of water is permitted from such connection through leaks in the pipes or fixtures, the water service may be discontinued until a meter prescribed by the Public Works Department has been installed at the expense of the customer. Fire sprinkler systems and fire service connections shall be installed with a detection meter of a size and type approved by the City Engineer.

(B) Financial responsibility. The furnishing, installation, maintenance and inspection of all meters and services, checks, bypasses, valves, piping and the like, necessary for the installation and operation of sprinkler systems and fire services shall be at the expense of the customer.

(C) Insurance services office guidelines. Fire protection systems shall be provided in accordance with insurance services office (ISO) guidelines.

(D) Ground storage reservoirs or fire pumps. When ground storage reservoirs or fire pumps are installed on private property, such pumps shall discharge into a fire system approved by the Public Works Department, Fire Department and city building official.

1. An approved check valve shall be installed in the owner’s fire service between the point where the pump discharges into

such service and the connection of such fire service to the city water mains to prevent backflow from the fire pump into the city distribution system.

2. The water in such fire storage tanks will be maintained in a potable condition and subject to periodic inspection by Public

Works Department personnel. Such tanks and water quality shall be maintained in compliance with the standards and requirements of the State Department of Health and the city. Such tanks shall not be of the pressure type. The delivery of city water to the tank shall be above the tank flow line with a one foot air gap. The supply line to this tank shall not be controlled by a quick acting valve which will cause water hammer in the distribution system. Water tanks shall be equipped with an overflow pipe at least 12 inches below the city inlet pipe. The overflow pipe shall be protected as to prevent access of insects, birds or animal life into the reservoir. The pipe shall be at least two inches in diameter larger than the inlet supply line from the city distribution system. Such storage tank shall be provided with a drainpipe and valve for easy drainage of the tank. The drainpipe may not be connected to the city sanitary sewer system.

(Ord. 576, passed 12-16-2008)

The purpose of the city’s water backflow prevention and cross connection program is to:

(A) Protect city water system. Protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or customer’s private water system(s) such contaminants or pollutants that could backflow into the public water system;

(B) Eliminate water cross connections or potential water cross connections.Promote the elimination or control of existing water cross connections, actual or potential, between the customer’s in-plant potable water system(s) and nonpotable water systems, plumbing fixtures and industrial piping systems; and

(C) Cross connection program. Provide for the maintenance of a continuing program of cross connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems.

(Ord. 576, passed 12-16-2008)

The installation or maintenance of a water cross connection or potential water cross connection is prohibited. Any such cross connection or potential cross connection now existing or hereafter installed is hereby declared a public health hazard and a public nuisance and shall be abated immediately. Water service will be discontinued to any premises upon failure to comply with the provisions of this chapter. For protection of the city’s water supply from backflow, furnishing of water service shall be contingent upon the customer providing cross connection control approved by the city.

(Ord. 576, passed 12-16-2008)

The City Engineer and Public Works Department shall be responsible for the protection of the public water system from contamination or pollution due to the backflow of contaminants or pollutants through any water service connection. The City

Engineer and Public Works Department shall determine the type, design, layout and location of backflow prevention devices required at each premises.

(Ord. 576, passed 12-16-2008)

BACKFLOW PREVENTION.

(A) The owner or customer shall be responsible for protection of the public water supply system from contamination due to backflow or back siphonage of contaminants through the owner’s or customer’s water service connection.

(B) If, in the judgment of the City Engineer or Public Works Department or their authorized representatives, an approved backflow prevention device is necessary for the safety of the public water supply system, the City Engineer or the Public Works Department shall give notice to the owner or customer to install such approved backflow prevention device at each service connection to the premises.

(C) The owner or customer shall immediately install such approved device or devices at his or her own expense. Failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed.

(D) The City Engineer or Public Works Department may require the consumer to submit a cross connection inspection report to the city to assist in determining whether or not service line protection will be required.

(Ord. 576, passed 12-16-2008)

(A) Generally.

1. The city shall protect the public water supply from contamination by implementation of a backflow prevention and cross

connection control program.

2. The program, or any portion thereof, may be implemented:

(a) Directly by the city;

(b) By contract with a private firm or organization;

(c) By means of a contract with the local health agency; or

(d) With another agency approved by the local health agency.

(B) Cross connection control program. The city’s cross connection control program shall be for the purpose of addressing the requirements of Cal. Code of Regulations §§ 7585 through 7605, Title 17, Division 1, Chapter 5, Group 4. It includes, but is not limited to, the following:

1. Rules and regulations. The adoption of operating rules, regulations, ordinances and resolutions to implement the cross

connection program;

2. Surveys. The conducting of surveys to identify water user premises where cross connections or potential cross

connections are likely to occur;

3. Backflow protection. The provision of backflow protection by the water user at the user’s connection or within the user’s

premises or both;

4. Cross connection specialist. The provision of at least one person trained in cross connection control to carry out the

cross connection program;

5. Testing. The establishment of a procedure or system for testing backflow preventers; and

6. Records. The maintenance of records of locations, tests, and repairs of backflow preventers.

(Ord. 576, passed 12-16-2008)

It shall be the duty of the Public Works Department and its authorized representatives to cause surveys and investigations to be made of residential, commercial and industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years or as often as the inspector shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.

(Ord. 576, passed 12-16-2008)

(A) The approved cross connection control device inspector shall have the right to enter at any reasonable time any property

served by a connection to the public water supply or distribution system for the purpose of verifying the presence or absence of cross connections and that the inspector or his or her authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying information submitted by the customer regarding the required cross connection control inspection.

(B) 1. On demand, the owner, lessee or occupants of any property so served shall furnish to the inspector any information which he or she may request regarding the piping system or systems or water use on such property.

2. The refusal of such information when demanded shall, within the discretion of the inspector, be evidence of the

presence of improper connections as provided in this chapter.

(Ord. 576, passed 12-16-2008)

(A) Generally.

1. The city shall evaluate the degree of potential health hazard to the public water supply which may be created as a result

of conditions existing on a user’s premises. The city, however, shall not be responsible for abatement of cross connections which may exist within a water user’s premises.

2. As a minimum, the evaluation should consider:

(a) The existence of cross connections;

(b) The nature of materials handled on the property;

(c) The probability of backflow occurring;

(d) The degree of piping system complexity; and

(e) The potential for piping system modification.

(B) Special consideration. Special consideration shall be given to the premises of the following types of users:

1. Hazardous substances, hazardous materials, biological wastes, biological byproducts, processing fluids or industrial

fluids. Premises where hazardous substances, hazardous materials, biological wastes, biological byproducts, processing fluids or industrial fluids harmful to health are handled under pressure or in a manner which could permit their entry into the public water system. This includes chemical or biological processing waters and water from public water supplies which have deteriorated in sanitary quality;

2. Auxiliary water supply. Premises having an auxiliary water supply, unless the auxiliary supply is accepted as an

additional source by the city and is approved by the local health agency;

3. Internal cross connections. Premises that have internal cross connections that are not abated to the satisfaction of the

city or health agency;

4. Restricted entry areas. Premises where cross connections are likely to occur and entry is restricted so that cross

connection inspections cannot be made with sufficient frequency or on sufficiently short notice to assure that cross connections do not exist; and

5. History of cross connections. Premises having a repeated history of cross connections being established or

reestablished.

(Ord. 576, passed 12-16-2008)

(A) The health agency and the city, may at their discretion, require an industrial water user to designate a user supervisor when the water user’s premises have a multipiping system that conveys various types of fluids, some of which may be hazards and where changes in the piping system are frequently made.

(B) The user supervisor shall be responsible for the avoidance of cross connections during the installation, operation and maintenance of the water user’s pipelines and equipment.

(Ord. 576, passed 12-16-2008)

Backflow prevention devices required by this chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which have demonstrated their competency to perform such tests to the Department of Health Services (DHS).

(Ord. 576, passed 12-16-2008)

(A) Air gap separation (AG) backflow prevention device. An air gap separation (AG) backflow prevention device shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch.

(B) Reduced pressure principle (RP) backflow prevention device. A required reduced pressure principle (RP) backflow prevention device shall, as a minimum, conform to the AWWA standard C506-78 (R83) adopted on January 28, 1978, for reduced pressure principle type backflow prevention devices which is herein incorporated by reference.

(C) Double check valve assembly (DC) backflow prevention device. A required double check valve assembly (DC) backflow prevention device shall, as a minimum conform to the AWWA standard C506-78 (R83) adopted on January 28, 1978, for double check valve type backflow prevention devices which is herein incorporated by reference.

(Ord. 576, passed 12-16-2008)

The Public Works Department or City Engineer or their authorized representatives shall determine the type, design and layout of backflow prevention devices required at each premises. All devices shall be installed at the expense of the customer. The backflow prevention devices shall be inspected, tested and approved by the City Engineer or the Public Works Department or their authorized representatives as a condition of water service to the premises. The backflow prevention devices shall be inspected, tested and approved by the City Engineer or Public Works Department as a condition of service to the premises. If in the judgment of the Public Works Department or City Engineer, an approved backflow prevention device is required at the water service connection for the protection of the water system, the Public Works Department or City Engineer or their authorized representative shall give notice in writing to the consumer, and the notice shall direct the consumer to install an approved backflow assembly at specific locations on his or her premises. Failure, refusal or inability on the part of the customer to install the backflow prevention assembly, shall constitute grounds for discontinuing water service to the premises until such requirements have been met.

(Ord. 576, passed 12-16-2008)

(A) Air gap separation (AG) backflow prevention device. An air gap separation (AG) backflow prevention device shall be located as close as practical to the user’s connection and all piping between the user’s connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the city and the health agency.

(B) Reduced pressure principle (RP) backflow prevention device. A reduced pressure principle (RP) backflow prevention device shall be located as close as practical to the user’s connection and shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade as measured from the bottom of the device and with a minimum of 12 inches side clearance.

(C) Double check valve assembly (DC) backflow prevention device. A double check valve assembly backflow prevention device shall be located as close as practical to the user’s connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance.

(Ord. 576, passed 12-16-2008)

The type of protection that shall be provided to prevent backflow into the public water supply shall be determined by the city and be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device that may be required (listed in an increasing level of protection) includes: double check valve assembly (DC) backflow prevention device; reduced pressure principle (RP) backflow prevention device; and an air gap separation (AG) backflow prevention device. The water user may choose a higher level of protection than required by the city. The minimum types of backflow protection required to protect the public water supply, at the water user’s connection with various degrees of hazard, are given below. Situations not covered below shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the city.

(A) Sewage, hazardous substances, hazardous materials, biological wastes, biological byproducts, processing fluids, or industrial fluids.

1. Minimum protection; air gap separation (AG) backflow prevention device. Premises where there is wastewater pumping

and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump.

2. Minimum protection; air gap separation (AG) backflow prevention device. Premises where hazardous substances,

biological wastes or biological byproducts, processing fluids or industrial fluids or any other objectionable or toxic substances are handled in a fashion as to create an actual or potential hazard to the public water system. This does not include a single- family residence that has a sewage lift pump.

3. Minimum protection; reduced pressure principle (RP) backflow prevention device. Premises where there are irrigation

systems into which fertilizers, herbicides or pesticides are, or can be, injected.

(B) Auxiliary water supplies.

1. Minimum protection; air gap separation (AG) backflow prevention device. Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP or DC may be provided in lieu of an AG if approved by the city.

   2. Minimum protection; reduced pressure principle (RP) backflow prevention device. Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the city.

(C) Recycled water.

1. Minimum protection; air gap separation (AG) backflow prevention device. Premises where the public water system is

used to supplement the recycled water supply.

2. Minimum protection; reduced pressure principle (RP) backflow prevention device. Premises where recycled water is

used other than as allowed in subsection (C)3. of this section, and there is no interconnection with the potable water system.

3. Minimum protection; double check valve assembly (DC) backflow prevention device. Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area.

(D) Fire protection systems.

1. Minimum protection; double check valve assembly (DC) backflow prevention device. Premises where the fire system is

directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

2. Minimum protection; air gap separation (AG) backflow prevention device. Premises where the fire system is supplied

from the public water system and interconnected with an unapproved auxiliary water supply. An RP may be provided in lieu of an AG if approved by the city.

3. Minimum protection; double check valve assembly (DC) backflow prevention device. Premises where the fire system is

supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.

4. Minimum protection; double check valve assembly (DC) backflow prevention device. Premises where the fire system is

supplied from the public water supply and where recycled water is used in a separate piping system within the same building.

(E) Restricted entry areas; minimum protection; reduced pressure principle (RP) backflow prevention device. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that water cross connections do not exist.

(F) History of water cross connections; minimum protection; reduced pressure principle (RP) backflow prevention device. Premises where there is a repeated history of cross connections being established or reestablished.

(G) Substances objectionable, but not hazardous to health; minimum protection; double check valve assembly (DC) backflow prevention device. Premises where there is water or a substance that would be objectionable, but not hazardous to health, if introduced into the water system.

(Ord. 576, passed 12-16-2008)

The water customer or consumer shall be responsible for back siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear the cost of cleanup of the potable water supply system.

(Ord. 576, passed 12-16-2008)

(A) Backflow prevention device required. A lawn sprinkler system connected to a residential, commercial or industrial premises shall be equipped with an approved backflow prevention device placed between the sprinkler stop and waste valve and the first sprinkler outlet. The approved backflow prevention device shall be placed at a height as provided in the applicable city plumbing code. The stop and waste valve and approved backflow prevention device shall be in the sprinkler line after it branches from the water service pipe or building plumbing.

(B) Installation.

1. The stop and waste valve for a lawn sprinkler shall be at the same depth as the water service pipe. However, the lawn

sprinkler system may be laid to a lesser depth at the option of the owner. Such additional stop and waste valves, as are required to properly drain the sprinkler piping shall also be installed.

2. All backflow prevention devices shall be inspected by an authorized city employee prior to utilization of the system.

Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop and waste valve and an approved backflow prevention device.

(Ord. 576, passed 12-16-2008)

(A) Responsibility. It shall be the duty of the water user at any premises on which backflow prevention devices are installed to have these devices maintained, inspected, tested and repaired in accordance with the directives of the Public Works Department or City Engineer.

(B) Maintenance. The city shall assure that adequate maintenance and periodic testing are provided by the water user to ensure their proper operation.

(C) Tester competency. Backflow prevention devices shall be tested by persons who have demonstrated their competency in testing of these devices to the city or health agency.

(D) Inspection and testing. Backflow preventers shall be inspected and tested at least annually or more frequently if determined to be necessary by the health agency or the city. When devices are found to be defective, they shall be repaired or replaced in accordance with the provisions of this chapter. Any defects found in any backflow device shall be corrected by the customer within three days. Failure to correct such defects is cause for discontinuance of water service.

(E) Testing timing. Backflow prevention devices shall be tested immediately after they are installed, relocated or repaired and not placed in service unless they are functioning as required.

(F) Testing notification. The city shall notify the water user when testing of backflow preventers is needed. The notice shall contain the date when the test must be completed.

(G) Testing reports. Reports of testing and maintenance shall be maintained by the city for a minimum of three years.

(Ord. 576, passed 12-16-2008)

REGULATIONS.

(A) Deny or discontinue service. The city shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by the city is not installed, tested, maintained and repaired in a manner acceptable to the city, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists on the premises, or if a low pressure cutoff required by these regulations is not installed and maintained in working order

(B) Compliance required. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the city, and the required reconnection fee is paid.

(C) No liability. Neither the city or its agents or assigns, shall be liable to any customers of the city for any injury, damages or lost revenues which may result from termination of said customer’s water supply in accordance with the terms of this chapter, whether or not said termination of the water supply was with or without notice.

(D) Cleanup costs. The water customer or consumer responsible for back siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system.

(E) Notice. Any person found to be violating any provision of this chapter shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(F) Fines and penalties. Any person violating any of the provisions of this chapter in addition to the fine provided, shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation, whether the same was caused before or after notice.

(Ord. 576, passed 12-16-2008)

(A) Customers are prohibited from wasting city water. Water waste through inappropriate use, leaks or other wasteful use must be stopped within 48 hours’ notice by the city.

(B) The City Council, by resolution, shall declare what is considered water waste.

(Ord. 623, passed 5-5-2015)

The City Council, by resolution, shall establish water use restrictions for the city.

(Ord. 623, passed 5-5-2015)

If any section, subsection, sentence or clause or phrase of this chapter is, for any reason held to be unconstitutional, void or unlawful, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 576, passed 12-16-2008)